1. What is mediation?
2. How does Community Mediation Services of St. Louis differ from other mediation services available?
3. What is the role of the mediator?
4. What kind of issues does Community Mediation Services of St. Louis help resolve?
5. What does mediation cost?
6. What are the advantages to mediation?
7. Is mediation safe?
8. How long does mediation take?
9. Who attends a mediation session?
10. I have tried everything. Why would mediation help?
11. Do you talk with the other party before mediation?
12. Will our mediation session be kept confidential?
13. How do I prepare for mediation and what should I bring?
14. Is our agreement enforceable?
15. What will happen if I refuse to mediate?
1. What is mediation?
Mediation is a voluntary process in which two or more parties come together to discuss and resolve differences. Mediation can be an effective way to address problems if both parties value their relationship or simply their peace of mind enough that they want to find a lasting solution to this issue.
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2. How does Community Mediation Services of St. Louis differ from other mediation services available?
Many legal practices offer Evaluative Mediation, which focuses on weighing the rights and liabilities of parties as a method of settling a case out of court. Although this can often help clients resolve issues while saving court costs, the primary focus is on the rights and responsibilities according to the law, which may or may not factor into the clients’ needs.
The community mediation process is built on Facilitative Mediation. Facilitative Mediation focuses on bringing parties together for structured discussion, with the mediators guiding them through the process. The idea is that if both parties lay out their interests and listen to each other, they will often be able to find a mutually satisfying resolution along the lines of those interests.
This article offers good discussion of the differences between Evaluative, Facilitative, and Transformative Mediation.
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3. What is the role of the mediator?
The mediator acts as an impartial third party to help facilitate discussion between parties in dispute. The mediator does not serve as a judge or as a giver of advice. To learn more, check Our Mediators.
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4. What issues does Community Mediation Services of St. Louis help resolve?
Our process is applicable to many different situations, in that it is focused on bringing out the underlying needs of the parties and helping them address those needs. For an idea of the general areas in which the St. Louis Community Mediation Program works, please check out Our Services.
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5. What does mediation cost?
Mediation is provided free to residents of the St. Louis metropolitan area. In our experience, effective mediation can yield significant savings if one accounts for the future costs of unresolved conflict, whether they be mental, financial, or others. To help defray costs, we suggest a donation of $50 per session per party.
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6. What are the advantages to mediation?
Mediation helps disputing parties by:
1) Empowering them to work together to find their own resolutions to their differences. Because parties find their own mutually-satisfactory resolutions, the success rate and satisfaction levels are usually high.
2) A mediation can be scheduled at the parties’ convenience, rather than waiting for court dates, disciplinary proceedings, or lengthy case building, all of which may take months, even years.
3) Location is flexible to fit parties’ needs. We have arranged safe mediation locations in many places throughout St. Louis.
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7. Is mediation Safe?
We mediate in neighborhood offices, police precinct offices, churches, or other locations that are secure. In cases where one party or the other has exhibited violence in the past, we assess the present risk before scheduling the mediation.
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8. How long does mediation take?
A typical mediation runs from one to two hours, depending upon parties and issues. Given that mediation is often stressful, we find making decisions or finding resolution becomes less effective as a session extends beyond two hours. If more time is needed, parties may request or agree to an additional session at a later date.
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9. Who attends a mediation session?
Ideally, all parties involved in a conflict attend the mediation. Only those directly involved, however, should be in attendance. If a party requests a person for moral support, the support person may attend but will not be allowed to participate. All present are required to sign our Agreement to Mediate before mediation begins.
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10. I have tried everything. Why would mediation help?
Our mediators are trained to listen actively, ask questions to build understanding, and follow a process that has proven results. Our process helps parties distill their needs, which often can yield a basis for building common ground and finding resolution.
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11. Do you talk with the other party before mediation?
St. Louis Community Mediation Program staff explains and answers questions with both parties prior to mediation. During the conversations, the staff hears some of the issues from each party, but we do not attempt to resolve the problem.
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12. Will our mediation session be kept confidential?
Yes. St. Louis Community Mediation Program only retains the Agreement to Mediate and the Mediated Agreement documents on file. In the case of Police-Community Mediation, the referring agency receives a statement with the date and time of mediation, and that the parties mediated in good faith. All other notes from the mediation are destroyed and conversations kept confidential.
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13. How do I prepare for mediation?
1. Be willing to listen. Parties cannot be listening if they are too busy planning what to say next. You never know what you might hear, so do not assume you know what the other person will say. In our experience, many conflicts arise when one person or another feels they are not being listened to. Similarly, tensions are often reduced when a party feels heard.
2. Keep an open mind. Bring creative ideas to the mediation table, but be open to the ideas of others. Be ready to put the past in the past and find ways to form effective solutions for long-lasting neighborhood peace. Remember: Anything is possible.
3. Make a summary and chronology of events. Because time is limited, we recommend that parties condense their thoughts and experiences on paper beforehand, so that they can be as direct and succinct as possible during the mediation session. A timeline of events can be very useful. Some photos might even help illustrate a situation, but keep in mind that we are trying to understand a situation and find resolution, not attempting to determine guilt.
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14. Is our Mediated Agreement legally binding?
The direct legal weight of a Mediated Agreement depends on the referral, but it is considered a written contract between the parties. Mediated Agreements made to resolve civil court cases are considered to be legally-binding contracts upon acceptance by the judge. Mediated Agreements to resolve neighborhood disputes can provide important documentation for further action if not followed. Mediated Agreements between tenants and landlords may become part of rental agreements. Mediated Agreements to settle workplace disputes may become expectations for the employees involved.
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15. What will happen if I refuse to mediate?
Most immediately, St. Louis Community Mediation Program will close the file after notifying the other party, and also the referring agency or organization if the referral came from an external source. However, disputes that have become distracting enough to be considered for mediation frequently have consequences. We ask the parties weigh the possible advantages of taking two hours of time versus other possible outcomes. Parties should ask themselves: What unacceptable things might happen if I do not attend mediation?
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Did you find the answers you were looking for? If not, please contact us.